MTN Floors Etisalat Again over Visafone Acquisition

For the second time in a row, MTN Nigeria has floored Etisalat Nigeria over the legal battle concerning recent acquisition of Visafone Communications by MTN.

At the resumed hearing of the matter yesterday before Justice Ibrahim Buba of the Federal High Court, Ikoyi, the court threw out the suit filed by Etisalat against MTN and Visafone over the acquisition of the CDMA operator.

Justice Buba delivered his ruling in respect of Notice of Preliminary Objection raised by MTN and Visafone challenging the jurisdiction of the Federal High Court to adjudicate on the matter.

In the ruling, the court upheld the defendants’ argument, as canvassed by Mr. Niyi Adegbonmire, SAN (MTN’s and Visafone’s Counsel) and struck out the matter on the following grounds:

· That Etisalat failed to fulfill condition precedent as required by the Nigerian Communications Act as Etisalat failed to exhaust the judicial review process as mandated by law. Specifically, the court considered Etisalat’s action as an attempt to circumvent the judicial review process.

· That Etisalat’s complaint was hinged on the administrative powers of the Nigerian Communications Commission who had already approved the transaction between MTN and Visafone and as such, both Visafone and MTN were not relevant parties to the suit.

· That the suit as filed by Etisalat, was incurably bad and could not be remedied.

· That the NCC was empowered to determine actions which constitute anti-competition and had actually informed Etisalat, in writing, that the transaction between Visafone and MTN did not lower competition in the telecommunications industry. The court found that the letter, which was also exhibited in court, was fatal to Etisalat’s case.

· The court also faulted the approach by Etisalat in instituting the action contrary to the provision of the Nigerian Communications Act.

spot_img
spot_img
spot_img
spot_img
spot_img

Hot this week

P+ Measurement Services Rebrands at 11, Unveils Proprietary AI-Driven Reputation Audit Technology

P+ Measurement Services, which pioneered independent reputation intelligence and...

P+ Measurement Services Rebrands at 11, Unveils Proprietary AI-Driven Reputation Audit Technology

P+ Measurement Services, which pioneered independent reputation intelligence and...

‘Insurance Sector Has Biggest Untapped Opportunities in Nigeria’s Economy’

  Ayodele Akinwunmi Chief Economist, United Capital Plc Investment expert and Chief...

Lagos State Secures Top Spot in 2026 State of States Fiscal Performance Ranking

BudgIT, Nigeria's leading civic-tech organisation promoting fiscal transparency, accountability...

Insurance Industry Set for 2026 Almond Awards November 6 in Lagos

There is so much excitement in the insurance industry...

Topics

Nigeria to Sell N20bn of Green Bonds in 1st Half of 2017

Nigeria plans to sell N20 billion ($63 million) of...

Atiku to Launch Aaron’s Book: Nigeria DRIVERS OF DIGITAL PROSPERITY

Nigeria’s former Vice-President, Alhaji Atiku Abubakar will on Thursday, July...

President Tinubu to Inaugurate Renovated National Arts Theatre Today

As part of activities commemorating Nigeria’s 65th Independence Anniversary,...

‘Enhanced Pension for Programmed Withdrawal Retirees Leaves Life Annuity Retirees in Limbo’

  By Dr. Pius Apere (PhD/FCII) (Actuarial Scientist and Chartered Insurer) Chairman/CEO Achor Actuarial...

Red Star Commences Food Delivery Services

Red Star Express Plc, on March 1st, 2017 commenced...

‘New Mortgage Policy Will Catalyze Pension Industry, Boost Economy’- PENOP

The Pension Operators would like to commend the National...

Emirates, flydubai, Dubai Finance Partner to Accelerate ‘Dubai Cashless Strategy’

Emirates and flydubai have signed two Memoranda of Understanding...

FG: 7.68m Barrels of Oil Stolen/Lost in 2023

The Federal Government says that 7.68 million crude oil...
spot_img

Related Articles

Popular Categories

spot_imgspot_img